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Payroll Trust Fund Penalties

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Within each business, there is a person responsible for handling the company's
tax liabilities with the Internal Revenue Service (IRS). This will involve
everything from withholding to depositing or paying certain taxes and
more. This person can be an officer in the company, partner, sole proprietor,
as well as an employee. Should this person intentionally fail to pay what
the company owes in tax obligations, they can be held personally responsible
for a trust fund recovery penalty by the IRS.

Trust Fund Taxes

These taxes are categorized as trust fund taxes because the money is held
in a trust until the tax money is turned over to the government. A person
may be assessed a trust fund recovery penalty if the taxes from a company
are not able to be immediately paid by a company when due. Even if a company
has ceased operations, this penalty can still be assessed to an individual.

IRS Investigation

Prior to a penalty being issued, the IRS may conduct an interview as part
of their investigation. This is usually conducted by an IRS revenue officer.
The goal is to determine the exact duties and responsibilities of a person
within a company. A person's ability to use independent judgment in regards
to the company's financial affairs is what will determine responsibility.
An employee simply following a superior's instructions is not considered
responsible.

IRS Form 4180

This is the form used by an IRS Revenue Officer to conduct interviews.
A Salt Lake City tax defense attorney will know how to properly fill out
IRS form 4180. It can then be returned to the IRS Revenue Officer without
an interview having been conducted. IRS guidelines make it necessary for
the IRS Revenue Officer to perform interviews in-person. There are many
who will are satisfied with a properly completed IRS Form 4180 sent to
them by mail When this is done correctly, the required interview process
can be waived. It's important to provide a variety of supplemental written
statements. This can illustrate details the form does not require.

Banking Information

The IRS will seek banking information during an investigation. It will
want to see bank signature cards as well as a company’s canceled
checks. This information is usually obtained by the IRS from a summons
issued directly to a specific bank. The IRS believes having signature
authority for a company's checking account establishes a person's ability
to make independent financial decisions. A signature on a company's check
or having authorization on a bank card is enough reason to begin investigating someone.

Penalty Assessment

When the IRS determines that an individual is the responsible person, and
issues a Trust Fund Recovery Penalty (TFRP), they will provide a Letter
1153 with the details of the penalty. The person receiving this letter
has 60 days from the date of the letter 1153 to appeal the penalty assessment.
If a person resides outside the United States, they have up to 75 days
from the date of the 1153 letter to appeal. The IRS letter will also contain
information on a person's right to appeal. Should an individual not respond
to the TFRP letter, the IRS will then send them a Notice of Demand for
Payment. Once the penalty is assessed, the IRS can then proceed with collection
actions against an individual's personal assets.

Protest Letter

Should a company not agree with the findings of the IRS investigation,
they can send a protest letter. This letter should be handled by an experienced
tax defense attorney. It needs to be drafted and sent directly to the
IRS revenue officer handling the case. The protest letter needs to provide
details as to why the TFRP should not be assessed. It can explain why
the conclusions of the IRS revenue officer was not correct. If the IRS
agrees with the protest letter, they can rescind the Letter 1153 that
was sent. This does not normally happen. Protest letters are usually forwarded
to an IRS appeals officer. They will carefully review the details of the
case. If the case cannot be resolved during the appeal process, it will
then be decided in a U.S. District Court. If a settlement is offered,
the amount is based on the costs and merit of taking the case to court.

Collection

A person at a company being investigated for a TFRP may be asked by the
investigating IRS revenue officer to complete a 433-A financial statement.
A tax defense lawyer in Salt Lake City will be able to remind the IRS
revenue officer that completion of a 433-A financial statement is not
required prior to the completion of an investigation and assignment of
liability. The IRS has not been very successful in collecting TFRPs. A
report from an IRS taxpayer advocate group estimates that approximately
86 percent of all TFRPs are not collected after the IRS investigation
is complete.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.